Road traffic accidents against uninsured drivers

In the UK all road users are obliged by law to have a valid insurance. If you are a victim of an accident with an uninsured driver or a stolen vehicle, this can be a very stressful experience. Fortunately, if you have been involved in a road traffic accident with an uninsured driver, which was not your fault, you can make a claim through the Motor Insurers’ Bureau .

The Motor Insurers’ Bureau (MIB) is a not-for-profit organisation set up and funded by motor insurers to deal with claims without a known insurer. Types of claims that the MIB can deal with are:

• Where the other driver is uninsured
• Where the other driver cannot be traced
• Where the other driver was driving a foreign registered vehicle
• Where the other driver was driving a stolen vehicle
• Where you have been involved in an accident abroad (in certain situations)

How can I claim if the other driver is untraced?

To make a claim for compensation through the MIB you must:

• Report the accident to the Police within 14 days if injuries were suffered
• Report the accident to the police within 5 days if there was damage to property
• Bring a claim within 3 years of being involved in the accident

The MIB acts as an insurer in the event of an accident involving an untraced or uninsured driver. In other words, you can still receive compensation for your injury.

What can I claim for?

You can claim compensation for both physical and mental injuries, death of relative or losses arising directly from your injuries. You might also be able to claim for rehabilitations costs of any ongoing treatment.

It is possible for the MIB to pay compensation in relation to property damage as well. However, if the driver is untraced the MIB will only make these payments in the absence of any other insurance. As such, if you have a comprehensive insurance on your vehicle that was damaged in the accident, you will be unable to claim for damage to your vehicle from the MIB.

What is the difference between claims involving uninsured drivers and claims involving untraced drivers?

Claims against uninsured drivers can involve stolen vehicles, vehicles driven by person not insured to drive them or drivers who do not have insurance in place.

Claims with untraced drivers include hit & run situations, where the drivers have never stopped at the scene of the accident and cannot be identified.

How long will it take to receive my compensation?

As a general guideline, the MIB states that minor injury claims take up to 6 months to resolve whereas more complex claims can take longer.